Contents

Sr. No

Topics

1 Introduction Law Labor Law

2 History

3 Constitution of Pakistan and Labor Rights

4 Critical Analysis on the labor laws in PAK Constitution

5 Conclusion

Critical Analysis of Labor laws in Pakistan

Introduction

Law:

The body of rules and regulations to build social control in an area are called laws.

Labour Law:

Labour law mediates the relationship between workers (employees), employers, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work and through the contract for work.

Labor laws first arrived as standards in the Industrial Revolution. Labor laws have two categories: collective and individual. Collective labor law covers union, employer and employee relationships. Individual labor law covers employees’ workplace rights. Enforced by government agencies, legal rulings collectively cover working people, their organizations, trade unions and employee unions. Also known as employment law.

History:

Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Workers sought better conditions and the right to join (or avoid joining) a labour union, while employers sought a more predictable, flexible and less costly workforce. The state of labour law at any one time is therefore both the product of, and a component of struggles between various social forces.

As England was the first country to industrialise, it was also the first to face the often appalling consequences of capitalist exploitation in a totally unregulated and laissez-faire economic framework. Over the course of the late 18th and early to mid-19th century the foundation for modern labour law was slowly laid, as some of the more egregious aspects of working conditions were steadily ameliorated through legislation. This was largely achieved through the concerted pressure from social reformers, notably Anthony Ashley-Cooper, 7th Earl of Shaftesbury, and others.

Constitution of Pakistan and Labour Rights

The Constitution of Pakistan contains a range of provisions with regards to labor rights found in Part II: Fundamental Rights and Principles of Policy.

Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour;1- Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into

Pakistan in any form.2- All forms of forced labor and traffic of human beings are prohibited.3- No child below the age of fourteen shall be engaged in any factory or mine or any hazardous

employment.

Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions;1- Every citizen shall have right to form association or unions, subject to any reasonable

restrictions imposed by law in the interest of public order.2- Every citizen not being in the service of Pakistan, shall have the right to form or be a member

of political party subject to any reasonable restriction imposed by law in the interest and sovereignty or integrity of Pakistan and such law provide that where the federal government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty and integrity of Pakistan, the federal government shall, within fifteen days of such declaration refer the matter to the Supreme Court whose decision on such reference shall be final.

Article 18 prescribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business.

Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone;1- All the citizens are equal before the law and are entitled to equal protection of law.2- There shall be no discrimination on the basis of sex.3- Nothing in this article shall prevent the state from making any special provision (liability,

responsibility) for the protection of women and children.

Article 37(e) makes provision (liabilities, responsibilities) for securing just and humane conditions of work, ensuring that children and women are not employed in vocations (particular occupations) unsuited to their age or sex, and for maternity benefits for women in employment.

Critical Analysis on the Labor laws contained in the constitution of Pakistan

There is need of amendment in the article 11 as it failed to fulfill its purpose of introduction. Like;

Slavery still prevails in large scale in the rural areas as well as in the urban areas. Heap of women and child are to force to work in Brick Kilns, factories and agricultural

lands. Almost all the children who are forced to work or work willingly have age below 14. The influentials involved in human trafficking, forced labour (child-women) are either

the part of the legislature or have influence on the legislature persons.

Different types of associations and unions are made but there is no proper check and balance on such associations and unions. Like;

CNG cartels, Clerks unions, Drivers associations, Teachers associations etc boycott there work and go for protest against the system and try blackmail the government.

These cartels and associations hoard commodities in accordance with the situation to get extra personal benefits.

Most of the parties have heavy illegal armed wings operating and enjoying liberty in their respective arenas. They also enjoy their relations inside the legislature.

Article18 also needs amendment as the citizens of Pakistan are deceived so many times by people from among them. Like:

Different organizations are established on legal grounds, they contact people and ask for their investments then a blink of an eye these organizations vanish their existence. Like Biznaas Scheme in the District Chitral.

Many government officials made wrong use of their authority to get extra benefits.

There is also a need to amend the article 25 because:

There should be some separation of jobs and positions on the basis of sex, as there is a lot of difference between men and women mentally and physically. As some of the jobs requires more mental and physical energy.

Women and children are exposed to severe harsh situations while doing their jobs. Their daily wages are below from as mentioned by the government. They are also made to do extra time for nothing or for least amounts. Women mostly face harassments issues from their co-workers as well as from their superiors.

Conclusion

Jobs that involve severe physical energy should be made forbidden on females and children.

The age limit should be reconsidered for the child labor. There should be law which forbids the entrance of a person with any sort of criminal

record or affiliations with criminals to enter the legislature. There should be strict and severe punishment against the different associations, unions

and organization if they overrun their legal grounds and limitations. There should be strict laws against the parties having armed wings and should be banned

permanently. There should be proper laws to monitor the privately owned organizations. There is a weak check and balance system on profession also. For example the minorities

are allowed to sell liquor in their respected areas to their own communities. But the consumers are not only from their communities, large numbers of Muslims are also among the consumers.

In workplaces males and females do same types of jobs but still females are paid less than males and rarely considered for promotions. Females remunerations should be equal to males and should be given equal chances of promotions